Chief Justice Jo's silence on Supreme Court re-nomination stretches on

Chief Justice Jo Hee-dae has been deliberating at length over whether to re-nominate a candidate for the Supreme Court, with no public position in sight. After Cheong Wa Dae asked him to put forward a different candidate to replace former Justice Noh Tae-ak — rejecting his original pick, Daegu District Court Senior Judge Son Bong-gi — Jo suffered a bereavement and returned to work only to maintain his silence. More than 10 days have passed since he came back. Some observers say the silence could stretch further still: this week brings both a National Assembly confirmation hearing for Supreme Court nominee Kim Sung-su and an international conference of chief justices.

As of Monday morning, Jo had yet to announce any specific position on the re-nomination. He returned to the Supreme Court on Sept. 3 after attending to his father's funeral and has since kept quiet for more than 10 days on both whether to re-nominate and how the selection process should proceed.

Earlier, Jo had nominated Son on Aug. 18 to fill the vacancy left by former Justice Noh. Cheong Wa Dae rejected the nomination on Aug. 28, calling it "a unilateral written nomination made without substantive consultation," and declined to submit a motion for the National Assembly's consent to Son's appointment. It called for Jo to re-nominate a different candidate from the pool already recommended by the existing Supreme Court Justice Candidate Recommendation Committee, excluding Son. At the time of Cheong Wa Dae's demand, Jo said he would "announce an official position the following week," but after his bereavement delayed that announcement, he has said little.

As Jo's silence dragged on, Cheong Wa Dae renewed its pressure. Presidential Chief Spokesperson Kang Yu-jung said at a briefing on Friday that Cheong Wa Dae was "doing everything possible to ensure follow-up procedures do not impede the public's full right to seek a trial," and urged Jo to "respect the recommendation committee's recommendations and proceed with the re-nomination as swiftly as possible, so that the prolonged vacancy does not infringe on the public's right to a trial." The ruling Democratic Party of Korea has also kept up its pressure on Jo, arguing that the prolonged absence of justices risks disrupting the Supreme Court's ability to function and that Jo must act without delay.

In fact, the vacancy on the bench has grown wider. Former Justice Noh stepped down in March, and former Justice Lee Heung-gu completed his term on Sunday, leaving two seats empty. Even if nominee Kim Sung-su clears the confirmation process and takes office, the vacancy will persist as long as the dispute over Son's nomination remains unresolved. The situation places mounting strain on the three small panels — each composed of four justices, excluding the chief justice and the court administrator — as well as on the en banc proceedings in which the chief justice presides and all justices participate.

Some observers say Jo may not reach a conclusion on the re-nomination this week either. Monday brings Kim's National Assembly confirmation hearing, and the 20th Asia-Pacific Chief Justices' Conference is set to be held in South Korea from Wednesday through Saturday. Analysts note it would be difficult for Jo to address a politically charged matter like the re-nomination while hosting an international gathering of judicial leaders from across the Asia-Pacific region. As a result, some suggest he may issue an official statement on Tuesday, when no major events are scheduled, or delay any announcement until after the conference concludes.

Ultimately, the central question is whether Jo will re-nominate a new candidate from the existing pool or reconstitute the recommendation committee and restart the selection process from scratch. Cheong Wa Dae and the ruling camp argue the existing committee's recommendations should be used to fill the vacancy quickly, while many within the judiciary believe a new committee must be formed under the Court Organization Act. Article 41-2 of the act requires the chief justice to convene a new candidate recommendation committee each time a Supreme Court justice is to be nominated. Once the committee recommends at least three times the number of candidates to be nominated, the chief justice must respect those recommendations in making a nomination — and the committee is considered dissolved as soon as it completes its recommendations.